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Practice 01 · CCMA, hearings and grievances

CCMA preparation and support, disciplinary hearings and grievances

From referral to award, prepared as if the outcome depends on it, because it does.

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What does this practice cover?

LabourLink prepares and supports South African employers through CCMA and bargaining council conciliation and arbitration, drafts charges, briefs initiators, supplies independent chairpersons and runs grievance and incapacity processes. When a matter needs the Labour Court, KJVR Attorneys takes it over with the file intact.

The law it rests on

Official texts linked. Last reviewed 17 October 2026.

A consultant and a client talk across a table during a case review
Photograph: Monstera Production on Pexels.

What is included

  • Case assessment within 48 hours of instruction
  • Conciliation, arbitration and con-arb at the CCMA and bargaining councils
  • Bundles, witness preparation and heads of argument
  • Disciplinary hearings: charge sheets, initiators and independent chairpersons
  • Grievance hearings, including harassment complaints, on a recorded process
  • Incapacity enquiries for ill health and poor performance
  • Settlement strategy and agreements
  • Reviews and Labour Court matters with KJVR Attorneys

On the People Dashboard

Person record and audit trail; documents library.

How the People Dashboard works

How it runs

  1. Assess

    We read the file, test the reason and the procedure, and tell you plainly where you stand.

  2. Prepare

    Bundles, witnesses and a settlement position, ready before the first sitting.

  3. Support

    A consultant who knows the file prepares the person who attends and supports you at every stage.

  4. Close

    Settlement agreement or award, recorded on the person record, with the lessons written into policy.

Common questions

General information on South African labour law, not legal advice on your facts.

Other practices

How long does an employee have to refer an unfair dismissal dispute to the CCMA?

Thirty days from the date of dismissal, or from the date the employer made a final decision to dismiss. Unfair labour practice disputes have 90 days, and unfair discrimination disputes under the Employment Equity Act have six months.

Legal basis
  • Labour Relations Act 66 of 1995, s191(1) IN FORCE
  • Employment Equity Act 55 of 1998, s10(2) IN FORCE
What to do
A late referral may be allowed only if the employee shows good cause, through a condonation application. If you receive a referral, check the dates against your own records first.
When to escalate
If an award goes against you, the time to challenge it is short. See the question on challenging awards below.
Sources
  1. Labour Relations Act 66 of 1995, consolidated text (South African Government, gov.za), s191(1) and (2)
  2. Employment Equity Act 55 of 1998 (gov.za), s10(2)

By the LabourLink editorial team. Last reviewed 17 October 2026. General information, not legal advice.

What makes a disciplinary hearing procedurally fair?

The 2025 Code of Good Practice: Dismissal says that, usually, the employee should be told of the allegations, preferably in writing and in enough detail to understand them; given a reasonable time to prepare and to make representations on the allegations and the sanction; allowed the assistance of a fellow employee or trade union representative; and, where reasonably possible, allowed to use a language they are comfortable with. The enquiry need not be formal.

Legal basis
  • Code of Good Practice: Dismissal (2025) IN FORCE
  • Labour Relations Act 66 of 1995, s188 IN FORCE
What to do
Write the charge plainly, record the hearing and keep the outcome consistent with how similar cases were treated. Fair procedure without a fair reason still fails, and so does the reverse.
When to escalate
As a matter of good practice, use an independent chairperson where senior managers are involved or the matter is likely to reach the CCMA. The Code itself does not prescribe who must chair.
Sources
  1. Code of Good Practice: Dismissal, General Notice 3470 of 2025, Government Gazette 53294 (gov.za), items 5 and 11
  2. Labour Relations Act 66 of 1995, consolidated text (South African Government, gov.za), ss188 and 192

By the LabourLink editorial team. Last reviewed 17 October 2026. General information, not legal advice.

What is con-arb at the CCMA?

Con-arb combines conciliation and arbitration in one sitting. If conciliation fails, arbitration starts immediately. It is compulsory for dismissal and unfair labour practice disputes about probation. In other disputes where con-arb is scheduled, a party may object in writing at least seven days before the date; that objection is not available in probation disputes.

Legal basis
  • Labour Relations Act 66 of 1995, s191(5A) IN FORCE
  • CCMA Rules IN FORCE
What to do
Arrive ready to argue the whole case on the day, with bundles and witnesses, not only a settlement offer.
When to escalate
Ask for help before the objection deadline if you want a separate arbitration date.
Sources
  1. Labour Relations Act 66 of 1995, consolidated text (South African Government, gov.za), s191(5A)
  2. Rules for the Conduct of Proceedings before the CCMA, GoN R223, Government Gazette 38572, 2015 (gov.za), rule 17

By the LabourLink editorial team. Last reviewed 17 October 2026. General information, not legal advice.

How long does a party have to challenge a CCMA arbitration award?

A party who alleges a defect in CCMA arbitration proceedings may apply to the Labour Court to set the award aside within six weeks of the date the award was served on them. Where the alleged defect involves corruption, the six weeks run from the date the corruption is discovered.

Legal basis
  • Labour Relations Act 66 of 1995, s145(1) IN FORCE
What to do
Diarise the six-week date the day an award arrives, read the award against your file and decide quickly whether it is worth challenging.
When to escalate
Book a LabourLink consultation as soon as the award arrives so the decision is made well inside the six weeks.
Sources
  1. Labour Relations Act 66 of 1995, consolidated text (South African Government, gov.za), s145(1)

By the LabourLink editorial team. Last reviewed 17 October 2026. General information, not legal advice.

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